Rajni 30 March 2019

How will the house be divided?

My mom passed away without making any will. In my moms name there are two houses. Each house measurement is different. House 1 is 70 feet by 90 feet. House 2 is 80 feet by 75 feet. In house 1 my brother and his wife and kids along with my father stay. All have told you wont get any share as you married hindu boy.

House 2 is given on rent on room (3 rooms) basis to college going students. In the same house there are other 3 rooms
Where PG accomodation is given to bunch of college going kids. The income from it however till now was being taken by my father and brother.

How will this be decided? 1/3rd as stated by you all, how will court give me my share?

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Shashi Dhara 30 March 2019

U have to file first suit for partition .if it is contested u have to prove that u have right for partition and to obtain preliminary decree. It takes atleast 5to10yrs then after u have to file final decree to divide property . The court will appoint civil engineer to divide and to estamatevalue equally 1/3share. For it atleast it takes another 10yrs. U have to spend atleast 15yrs or more

Shashi Dhara 30 March 2019

U first issue legal notice and wait for response if they refuse file suit for partition .if they come to compromise in court u compromise.most people in court compromise because both know if we fight in court it doesn't ends.as u have not converted to other religion u have right over Ur mother property.

Rajni 31 March 2019

Originally posted by : Shashi Dhara
	U have to file first suit for partition .if it is contested u have to prove that u have right for partition and to obtain preliminary decree. It takes atleast 5to10yrs then after u have to file final decree to divide property . The court will appoint civil engineer to divide and to estamatevalue equally 1/3share. For it atleast it takes another 10yrs. U have to spend atleast 15yrs or more

Does it really take 50 years for my dispute regarding partition of my moms two houses to get resolved in court?

Here I have been suggested that go for compromise.

Even my father also told compromise and sign on blank paper. I did not sign however.

The advocate also told if they come for compromise, you compromise.

How to do compromise?

[Back story - Mom passed away few days ago, leaving 2 big houses, husband, one son married with 2 kids, one me with one kid (I did love marriage however I did not change reliegion) no will done by mom, dad and brother telling you wont get any share in property.]

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How will the house be divided?

House 2 is given on rent on room (3 rooms) basis to college going students. In the same house there are other 3 rooms
Where PG accomodation is given to bunch of college going kids. The income from it however till now was being taken by my father and brother.

How will this be decided? 1/3rd as stated by you all, how will court give me my share?

3 Replies

Does it really take 50 years for my dispute regarding partition of my moms two houses to get resolved in court?

Here I have been suggested that go for compromise.

Even my father also told compromise and sign on blank paper. I did not sign however.

The advocate also told if they come for compromise, you compromise.

How to do compromise?

[Back story - Mom passed away few days ago, leaving 2 big houses, husband, one son married with 2 kids, one me with one kid (I did love marriage however I did not change reliegion) no will done by mom, dad and brother telling you wont get any share in property.]

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How will the house be divided?

House 2 is given on rent on room (3 rooms) basis to college going students. In the same house there are other 3 rooms Where PG accomodation is given to bunch of college going kids. The income from it however till now was being taken by my father and brother.

How will this be decided? 1/3rd as stated by you all, how will court give me my share?

3 Replies

Does it really take 50 years for my dispute regarding partition of my moms two houses to get resolved in court?

Here I have been suggested that go for compromise.

Even my father also told compromise and sign on blank paper. I did not sign however.

The advocate also told if they come for compromise, you compromise.

How to do compromise?

[Back story - Mom passed away few days ago, leaving 2 big houses, husband, one son married with 2 kids, one me with one kid (I did love marriage however I did not change reliegion) no will done by mom, dad and brother telling you wont get any share in property.]

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House 2 is given on rent on room (3 rooms) basis to college going students. In the same house there are other 3 rooms
Where PG accomodation is given to bunch of college going kids. The income from it however till now was being taken by my father and brother.